Pueblo RICD Hearing July 2002 Case No. 2-01CW160

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07/18/02 16:31 FAX 19702413760 H_F._A.K. Professional Corporation ATTORNEYS AT LAW 200 Grand Avenue, Suite 400 Post Office Box 40 Grand Junction, Colorado 81502 -rol pwo (970) 242 -4903 Fucsimiie (970) 241 -3760 July 18, 2002 Rod Kuharich Don Schwindt Re: Pueblo RICD Hearing Dear Rod and Don: la 002 /003 Gregory K. Hoskin Terrance L. Farina Frederick G. Aldrich Gregg IC Kampf David A. Younger David M. Scanga Michael J. Russell John T. Howe Matthew G. Weber John A. Siddeek Laurie A. Cahill Brandin Hay David M. Dodero William H. Nelson (1926 -1992) VIA FACSIMILE (303) 866 -4474 VIA FACSIMILE (970) 565 -6838 This afternoon I reviewed the Motion for Disclosure of Potential Conflicts, the interchange between Chris Thorne and Linda Bassi and Rod's letter to me of July 16`x'. I also see where Rod has designated Dan as an Alternate Hearing Coordinator. The obvious people in the gun sights are Rod and Harold. Maybe there are others under the Motion. Let me address the Rod issue as I perceive it. Our staff is making recommendations to our Board on how to decide this case before we have heard all of the evidence. I see nothing wrong with that, but they are advocating a position. Rod, a person who is in the gun sights, has appointed his employee and Chief Assistant, Dan, as the Alternate Hearing Coordinator. This does not have the look or smell of impartiality. Felicity, as the appointed Hearing Coordinator, handled all prehearing matters and I believe has considerable credibility as a practicing attorney. She has a relationship with CWCB, but she is independent by being in the Attorney General's Office. If Felicity is not available I strongly suggest another lawyer from the Attorney General's Office. As to the interchange between Chris and Linda I think we would be rather ill- served to make any changes in the published schedule.